to insure the accused gets a fair and zealous defense. and here, the military justice system has a unique little twist here, jenna. that is this. whereas in the civilian world you plead guilty to a crime and then the judge will issue a sentence, in the military justice system the defense and prosecution go to the command who owns the accused. here it is called the convening authority. and then negotiate a cap on confinement. so khadr pleaded guilty to killing specialist chris speer and injuring this gentleman who was with you yesterday. the jury sentenced him to a long period of time, not knowing what the cap was exactly. jenna: right. >> not knowing there was a cap on confinement the jury does what they thought was right, issues a 40-year sentence. then the judge opens up paperwork after they do their sentence and says, well the capital confinement is this. jenna: just to be clear, have you ever been in combat before? >> negative. jenna: okay. so i'm just wondering as we're playing this out and understanding the process and we heard from